2024-16 Code Amendment- Flood Damage PreventionORDINANCE NO. 2024-16
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE
CODE OF ORDINANCES BY AMENDING CHAPTER 6 `BUILDINGS
AND BUILDING REGULATIONS," TO REMOVE TECHNICAL
AMENDMENTS SUPERSEDED BY THE FLORIDA BUILDING CODE
AND AMENDING CHAPTER 12.5 "FLOOD DAMAGE
PREVENTION," TO UPDATE THE DATE OF THE FLOOD
INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS,
MODIFY AND DELETE DEFINITIONS, AND SPECIFY THE
ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD
AREAS; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the Village of North Palm Beach participates in the National Flood Insurance
Program and participates in the NFIP's Community Rating System, a voluntary incentive
program that recognizes and encourages community floodplain management activities that
exceed the minimum program requirements and achieved a CRS rating of Class 5, making
citizens who purchase NFIP flood insurance policies eligible for premium discounts; and
WHEREAS, in 2020, the NFIP Community Rating System established certain minimum
prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and
WHEREAS, to satisfy the prerequisite and for the Village of North Palm Beach to maintain
the current CRS rating, all manufactured homes installed or replaced in special flood hazard
areas must be elevated to or above at least the base flood elevation plus one (1) foot, which
necessitates modification of the existing requirements; and
WHEREAS, the Village of North Palm Beach determined that it is in the public interest to
amend the floodplain management regulations to better protect manufactured homes and to
continue participating in the Community Rating System at the current class rating; and
WHEREAS, the Federal Emergency Management Agency has revised and reissued the
Flood Insurance Study for Palm Beach County, Florida and Incorporated Areas, with an
effective date of December 20, 2024; and
WHEREAS, the technical amendments to the Florida Building Code contained in Chapter 6
are superseded by the current edition of the Florida Building Code; and
WHEREAS, the Village of North Palm Beach has determined that it is in the public interest to
amend Chapter 6, "Buildings and Building Regulations," and Chapter 12.5, "Flood Damage
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Prevention," to identify the effective date of the revised Flood Insurance Study and Flood
Insurance Rate Maps.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein by
reference and made a part hereof.
Section 2. The Village Council hereby amends Article II, "Minimum Construction
Standards," of Chapter 6, "Buildings and Building Regulations," of the Village Code of
Ordinances to read as follows (deleted language is str4 ke t ,.,,.,g ):
ARTICLE II. MINIMUM CONSTRUCTION STANDARDS
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Section 3. The Village Council hereby amends Article I, "Administration," of Chapter 12.5,
"Flood Damage Protection," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is str-ieke tIffe g ):
ARTICLE I. - ADMINISTRATION
Sec. 12.5-2. Applicability.
(a) General. Where there is a conflict between a general requirement and a
specific requirement, the specific requirement shall be applicable.
(b) Areas to which this chapter applies. This chapter shall apply to all flood
hazard areas within North Palm Beach as established in subsection 12.5-
2(c).
(c) Basis for establishing flood hazard areas. The Flood Insurance Study for
Palm Beach County, Florida and Incorporated n,runieipalitAreas dated
Oetober- 5, 2017 December 20, 2024, and all subsequent amendments and
revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and
all subsequent amendments and revisions to such maps, are adopted by
reference as a part of this ordinance chapter and shall serve as the minimum
basis for establishing flood hazard areas. Studies and maps that establish
flood hazard areas are on file at the Building Department located at Building
Division, The chops at Village Squatv, 420 U.S. Highway Suite -24-,
701 U.S. Highway One, Suite 100, North Palm Beach, FL 33408.
(d) Submission of additional data to establish flood hazard areas. To establish
flood hazard areas and base flood elevations, pursuant to section 12.5-5 the
Floodplain Administrator may require submission of additional data. Where
field surveyed topography prepared by a Florida licensed professional
surveyor or digital topography accepted by the community indicates that
ground elevations:
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Section 3. The Village Council hereby amends Article I, "Administration," of Chapter 12.5,
"Flood Damage Protection," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is str-ieke tIffe g ):
ARTICLE I. - ADMINISTRATION
Sec. 12.5-2. Applicability.
(a) General. Where there is a conflict between a general requirement and a
specific requirement, the specific requirement shall be applicable.
(b) Areas to which this chapter applies. This chapter shall apply to all flood
hazard areas within North Palm Beach as established in subsection 12.5-
2(c).
(c) Basis for establishing flood hazard areas. The Flood Insurance Study for
Palm Beach County, Florida and Incorporated n,runieipalitAreas dated
Oetober- 5, 2017 December 20, 2024, and all subsequent amendments and
revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and
all subsequent amendments and revisions to such maps, are adopted by
reference as a part of this ordinance chapter and shall serve as the minimum
basis for establishing flood hazard areas. Studies and maps that establish
flood hazard areas are on file at the Building Department located at Building
Division, The chops at Village Squatv, 420 U.S. Highway Suite -24-,
701 U.S. Highway One, Suite 100, North Palm Beach, FL 33408.
(d) Submission of additional data to establish flood hazard areas. To establish
flood hazard areas and base flood elevations, pursuant to section 12.5-5 the
Floodplain Administrator may require submission of additional data. Where
field surveyed topography prepared by a Florida licensed professional
surveyor or digital topography accepted by the community indicates that
ground elevations:
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(1) Are below the closest applicable base flood elevation, even in areas
not delineated as a special flood hazard area on a FIRM, the area
shall be considered as flood hazard area and subject to the
requirements of this chapter and, as applicable, the requirements of
the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall
be regulated as special flood hazard area unless the applicant obtains
a Letter of Map Change that removes the area from the special flood
hazard area.
(e) Other laws. The provisions of this chapter shall not be deemed to nullify
any provisions of local, state or federal law.
(f) Abrogation and greater restrictions. The ordinance from which this chapter
is derived supersedes any ordinance in effect for management of
development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land
development regulations, zoning ordinances, stormwater management
regulations, or the Florida Building Code. In the event of a conflict between
this chapter and any other ordinance, the more restrictive shall govern. This
chapter shall not impair any deed restriction, covenant or easement, but any
land that is subject to such interests shall also be governed by this chapter.
(g) Interpretation. In the interpretation and application of this chapter, all
provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under
state statutes.
Sec. 12.5-3. Duties and powers of the floodplain administrator.
(a) Designation. The Village Planner Building Official is designated as the
Floodplain Administrator or as designated by the Community Development
Director. The Floodplain Administrator may delegate performance of
certain duties to other employees.
(b) General. The Floodplain Administrator is authorized and directed to
administer and enforce the provisions of this chapter. The Floodplain
Administrator shall have the authority to render interpretations of this
chapter consistent with the intent and purpose of this chapter and may
establish policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies, and procedures shall not have the
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effect of waiving requirements specifically provided in this chapter without
the granting of a variance pursuant to section 12.5-7.
Section 4. The Village Council hereby amends Article I1, "Definitions," of Chapter 12.5,
"Flood Damage Protection," of the Village Code of Ordinances to read as follows (additional
language is underlined and deleted language is strickenthio g ):
ARTICLE II. — DEFINITIONS
See. 12.5-21. General.
(d) Definitions.
Coastal high hazard area. A special flood hazard area extending from
offshore to the inland limit of a primary frontal dune along an open coast and any
other area subject to high velocity wave action from storms or seismic sources.
Coastal high hazard areas are also refeffed to as "high hazard areas subjeet tE) high
yeleeityad6'-ave aetion" or- W Zones" 1 e designated ,.. Flood i mance Rate
Map(FIRM) aZone V V30 VE, aFV_
Critical facility. A facility for which even a slight chance of flooding might
be too great. Critical facilities include, but are not limited to schools, nursing
homes, hospitals, police, fire and emergency response installations, installations
which produce, use or store hazardous materials or hazardous waste. The term
includes facilities that are assigned Risk Category III and Risk Category IV
pursuant to the Florida Building Code, Building.
Design flood. The flood associated with the greater of the following two (2)
areas: [Also defined in FBC, B, Section 202.]
(1) Area with a floodplain subject to a 1 -percent or greater chance of
flooding in any year; or
(2) Area designated as a flood hazard area on the community's flood
hazard map, or otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave
height, relative to the datum specified on the community's legally designated flood
hazard map. In areas designated as Zone AO, the design flood elevation shall be
the elevation of the highest existing grade of the building's perimeter plus the depth
number (in feet) specified on the flood hazard map. In areas designated as Zone AO
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where the depth number is not specified on the map, the depth number shall be
taken as being equal to two (2) feet. [Also defined in FBC, B, Section 202.]
Development. Any man-made change to improved or unimproved real
estate, including but not limited to, buildings or other structures, tanks, temporary
structures, temporary or permanent storage of equipment or materials, mining,
dredging, filling, grading, paving, excavations, drilling operations or any other land
disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent
structures or other development into a flood hazard area which may impede or alter
the flow capacity of riverine flood hazard areas.
Existing building and existing structure. Any buildings and structures for
which the "start of construction" commenced before August 15, 1978. Also defined
in FBC, B, Section 202.]
Federal Emergency Management Agency (FEMA). The federal agency that,
in addition to carrying out other functions, administers the National Flood
Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete
inundation of normally dry land from: [Also defined in FBC, B, Section 202.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters
from any source.
Flood damage -resistant materials. Any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining any
damage that requires more than cosmetic repair. [Also defined in FBC, B, Section
202.]
Flood hazard area. The greater of the following two (2) areas: [Also defined
in FBC, B, Section 202.]
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Federal Emergency Management Agency (FEMA). The federal agency that,
in addition to carrying out other functions, administers the National Flood
Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete
inundation of normally dry land from: [Also defined in FBC, B, Section 202.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters
from any source.
Flood damage -resistant materials. Any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining any
damage that requires more than cosmetic repair. [Also defined in FBC, B, Section
202.]
Flood hazard area. The greater of the following two (2) areas: [Also defined
in FBC, B, Section 202.]
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(1) The area within a floodplain subject to a 1 -percent or greater chance
of flooding in any year.
(2) The area designated as a flood hazard area on the community's flood
hazard map, or otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on
which the Federal Emergency Management Agency has delineated both special
flood hazard areas and the risk premium zones applicable to the community. [Also
defined in FBC, B, Section 202.]
Flood Insurance Study (FIS). The official report provided by the Federal
Emergency Management Agency that contains the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map (if applicable), the water surface elevations of
the base flood, and supporting technical data. [Also defined in FBC, B, Section
202.]
Floodplain Administrator. The office or position designated and charged
with the administration and enforcement of this chapter (may be referred to as the
Floodplain Manager).
Floodplain development permit or approval. An official document or
certificate issued by the community, or other evidence of approval or concurrence,
which authorizes performance of specific development activities that are located in
flood hazard areas and that are determined to be compliant with this chapter.
Floodway. The channel of a river or other riverine watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one (1) foot.
[Also defined in FBC, B, Section 202.]
Floodway encroachment analysis. An engineering analysis of the impact
that a proposed encroachment into a floodway is expected to have on the floodway
boundaries and base flood elevations; the evaluation shall be prepared by a
qualified Florida licensed engineer using standard engineering methods and
models.
Florida Building Code. The family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code,
Residential; Florida Building Code, Existing Building; Florida Building Code,
Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water, including
only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities; the
term does not include long-term storage or related manufacturing facilities.
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Highest adjacent grade. The highest natural elevation of the ground surface
prior to construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the
exception to the flood hazard area requirements of the Florida Building Code,
Existing Building, Chapter 12 Historic Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA
that amends or revises an effective Flood Insurance Rate Map or Flood Insurance
Study. Letters of Map Change include:
Letter of Map Amendment (LONA). An amendment based on
technical data showing that a property was incorrectly included in a
designated special flood hazard area. A LOMA amends the current
effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special
flood hazard area.
Q Letter of Map Revision (LOMR). A revision based on technical data
that may show changes to flood zones, flood elevations, special
flood hazard area boundaries and floodway delineations, and other
planimetric features.
Letter of Map Revision Based on Fill (LOMR-F). A determination
that a structure or parcel of land has been elevated by fill above the
base flood elevation and is, therefore, no longer located within the
special flood hazard area. In order to qualify for this determination,
the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
(4,) Conditional Letter of Map Revision (CLOMR). A formal review and
comment as to whether a proposed flood protection project or other
project complies with the minimum NFIP requirements for such
projects with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective Flood Insurance Rate Map or
Flood Insurance Study; upon submission and approval of certified
as -built documentation, a Letter of Map Revision may be issued by
FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated
at eight thousand five hundred (8,500) pounds Gross Vehicular Weight Rating or
less which has a vehicular curb weight of six thousand (6,000) pounds or less and
which has a basic vehicle frontal area of forty-five (45) square feet or less, which
is:
(1) Designed primarily for purposes of transportation of property or is
a derivation of such a vehicle, or
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(2) Designed primarily for transportation of persons and has a capacity
of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway
operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or
structure, including basement, but excluding any unfinished or flood -resistant
enclosure, other than a basement, usable solely for vehicle parking, building access
or limited storage provided that such enclosure is not built so as to render the
structure in violation of the non -elevation requirements of the Florida Building
Code or ASCE 24. [Also defined in FBC, B, Section 202.]
Manufactured home. A structure, transportable in one (1) or more sections,
which is eight (8) feet or more in width and greater than four hundred (400) square
feet, and which is built on a permanent, integral chassis and is designed for use with
or without a permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle" or "park trailer."
[Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels)
of land divided into two (2) or more manufactured home lots for rent or sale.
Market value. The pr;ee atwhiEh-aprap€#y will change ds between-a
willing buyer and a willing seller-, neither- part), being under- eompulsion to buy or
sell and both having reasonable knowledge of relevant faets. As used in this ,
the term refefs to the m^rke The value of buildings and structures, excluding the
land and other improvements on the parcel. Market value ma., be established by
qualified independent appraise., is the Actual Cash Value (in-kind replacement cost
depreciated for age, wear and tear, neglect, and quality of construction) determined
byqualified independent appraiser, or tax assessment value adjusted to
approximate market value by a factor provided by the County Property Appraiser.
New construction. For the purposes of administration of this chapter and the
flood resistant construction requirements of the Florida Building Code, structures
for which the "start of construction" commenced on or after August 15, 1978 and
includes any subsequent improvements to such structures.
Park trailer. A transportable unit which has a body width not exceeding
fourteen (14) feet and which is built on a single chassis and is designed to provide
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seasonal or temporary living quarters when connected to utilities necessary for
operation of installed fixtures and appliances. [Defined in F.S. § 320.01]
Section 5. The Village Council hereby amends Article III, "Flood Resistant Development," of
Chapter 12.5, "Flood Damage Protection," of the Village Code of Ordinances to read as follows
(additional language is underlined and deleted language is stricken through):
ARTICLE III. FLOOD RESISTANT DEVELOPMENT
Sec. 12.5-34. Manufactured homes.
(a) General. All manufactured homes installed in flood hazard areas shall be
installed by an installer that is licensed pursuant to F.S. § 320.8249, and
shall comply with the requirements of Chapter 15C-1, F.A.C. and the
requirements of this chapter. If located seaward of the coastal construction
control line, all manufactured homes shall comply with the more restrictive
of the applicable requirements.
(b) Foundations. All new manufactured homes and replacement manufactured
homes installed in flood hazard areas shall be installed on permanent,
reinforced foundations that:
(1) In flood hazard areas (Zone A) other than coastal high hazard areas,
are designed in accordance with the foundation requirements of the
Florida Building Code, Residential Section R322.2 and this chapter.
Foundations
,.,-,;tted to be rfo -ce pier-sother foundation elements of at
leant equivalent strength.
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(3) In coastal high hazard areas (Zone V), are designed in accordance
with the foundation requirements of the Florida Building Code,
Residential Section R322.3 and this chapter.
(c) Anchoring. All new manufactured homes and replacement manufactured
homes shall be installed using methods and practices which minimize flood
damage and shall be securely anchored to an adequately anchored
foundation system to resist flotation, collapse or lateral movement. Methods
of anchoring include, but are not limited to, use of over -the -top or frame ties
to ground anchors. This anchoring requirement is in addition to applicable
state and local anchoring requirements for wind resistance.
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manufactured homes that are placed, replaced, or substantially improved in
flood hazard areas shall be elevated such that the bottom of the frame is at
or above the elevation required, as applicable to the flood hazard area in
the Florida Building Code, Residential Section R3222.2 (Zone A) or
Section R322.3 (Zone V and Coastal A Zone)
(g) Enclosures. Enclosed areas below elevated manufactured homes shall
comply with the requirements of the Florida Building Code, Residential
Section R322.2 or R322.3 for such enclosed areas, as applicable to the flood
hazard area.
(h) (f Utility equipment. Utility equipment that serves manufactured homes,
including electric, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities, shall comply with the requirements
of the Florida Building Code, Residential Section R322, as applicable to the
flood hazard area.
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(g) Enclosures. Enclosed areas below elevated manufactured homes shall
comply with the requirements of the Florida Building Code, Residential
Section R322.2 or R322.3 for such enclosed areas, as applicable to the flood
hazard area.
(h) (f Utility equipment. Utility equipment that serves manufactured homes,
including electric, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities, shall comply with the requirements
of the Florida Building Code, Residential Section R322, as applicable to the
flood hazard area.
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Section 6. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 7. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void,
such holding shall not affect the remainder of this Ordinance.
Section 8. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 9. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 17TH DAY OF OCTOBER, 2024.
PLACED ON SECOND, FINAL READING AND PASSED THIS 7TH DAY OF NOVEMBER, 2024.
ORr6
LSMIoa MAYOR
ATTEST:
U
VILLAGL'"CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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